Part 6Long service leave

Part 6—Long service leave 7—Long service leave (1) Subject to this Schedule, the regulations and any determinations of the Commissioner, an employee will accrue an entitlement to long service leave at the rate of 9 calendar days for each completed year of effective service. (1a) An employee who has completed 15 years of effective service (a long‑term employee) is entitled to an additional amount of leave (a skills and experience retention leave entitlement) (that will be taken to constitute long service leave) for each completed month of effective service (being service as a long‑term employee) as follows: (a) for each month of effective service completed during the 2012/2013 financial year—⅙ working days leave; (b) for each month of effective service completed during the 2013/2014 financial year—¼ working days leave; (c) for each month of effective service completed on or after 1 July 2014—⅓ working days leave. (2) Despite subclause (1)— (a) an employee does not become entitled to take long service leave, or receive a payment in lieu of long service leave, before completing 7 years of effective service; and (b) the Commissioner may make a determination under which accrual of the entitlement referred to in subclause (1) will be calculated instead as a number of working hours long service leave for each completed month of effective service and an employee will be granted long service leave as a number of working hours. (2a) Despite subclause (1a), the Commissioner may make a determination under which accrual of the entitlement referred to in subclause (1a) will be calculated instead as a number of working hours leave for each completed month of effective service. (3) A public sector agency may, subject to any determinations of the Commissioner, increase the entitlement to long service leave of a particular employee or employees of a particular class. (4) Long service leave must be granted by a public sector agency in accordance with the regulations and any determinations of the Commissioner. (4a) An entitlement to skills and experience retention leave accrued during a particular financial year may be converted to an entitlement to a monetary amount fixed by the regulations in accordance with a scheme prescribed by the regulations (and clause 9(1) will not apply in relation to skills and experience retention leave). (4b) A skills and experience retention leave entitlement is to be taken (depending on the amount of such leave accrued) as 1 or more whole working days of leave. (4c) A skills and experience retention leave entitlement that is not taken within 5 years of the end of the financial year in which it accrues will be lost (and a sum equal to the monetary value of any entitlement that is lost will not be payable and clause 9 will apply subject to the operation of this subclause). (4d) The regulations may— (a) prescribe a process for electing to convert an accrued entitlement to skills and experience retention leave to a monetary amount; and (b) fix different monetary amounts according to different classes or categories of employees. (5) In this clause— effective service of an employee of a public sector agency means the period of the employee's continuous service in the employment of the public sector agency. 8—Salary or wages and allowances while on long service leave (1) Subject to this clause, the regulations and any determinations of the Commissioner, the salary or wages to which an employee is entitled during long service leave is the salary or wages appropriate to the employee's remuneration level during that leave. (2) An employee is, while on long service leave, entitled to receive, in addition to salary or wages, the allowances (if any) determined by the Commissioner. 9—Payment in lieu of long service leave (1) The Minister may, on application by a chief executive, and a public sector agency may, on application by an employee of the agency, authorise that the chief executive or employee be paid, in lieu of a period of long service leave to which the person has accrued an entitlement, an amount equal to the salary or wages and allowances (if any) that the person would have been entitled to receive during such a period of leave. (2) If an employee of a public sector agency who is entitled to long service leave dies or ceases for any reason to be an employee of the agency, then— (a) in the case of death—the employee's personal representative; or (b) in the case of cessation of service for any other reason—the employee, must be paid the salary or wages that would have been payable if the long service leave had commenced on the day of cessation of service. (3) In determining a sum payable under this clause, no allowance may be made for an increase in salary or wages granted or payable after the date of the payment. 9A—Related provision (retention leave entitlement) (1) If a regulation under section 41 applies this Part to employment under another Act so as to provide for an entitlement constituted by a skills and experience retention leave entitlement, the regulation may modify the operation of that other Act to the extent necessary to provide consistency with the operation of this Part in relation to that entitlement. (2) A regulation under subclause (1) will have effect according to its terms and despite the provisions of any other Act.